B.Mariappan v. The Deputy Inspector General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI B.Mariappan ... Petitioner Vs 1.The Deputy Inspector General of Police, No.4, St.Thomas Road, Maharajanagar, Tirunelveli 627011.

2.The Commissioner of Police, Office of the Commissioner, Palayamkottai, Tirunelveli 627002.

3.The Revenue Divisional Officer, Revenue Divisional Office, Kokkirakulam, Palayamkottai, Tirunelveli.

4.The Inspector of Police, Palayamkottai Police Station, Tirunelveli 627002.

...Respondents

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PRAYER :Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, directing the First Respondent to direct the Fourth Respondent to take action on the basis of the representation dated 08.04.2024. For Petitioner : Mr.B.Char Murugan For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

O R D E R

The petitioner with a grievance that the respondent police has not acted upon his representation dated 08.04.2024, has approached this Court.

2.Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents 1 and 2 and submits that the petitioner's complaint is civil in nature and therefore, they have not registered any case. 3.The petitioner is having a remedy under Section 154(3) of Cr.P.C, which enables him to submit the substance of the 2/5

complaint in writing or by post to the Superintendent of Police concerned. In the event, if that complaint has not been acted upon, the petitioner is still having another remedy before the concerned Judicial Magistrate Court under Section 156(3) of Cr.P.C. Since the petitioner is having efficacious and alternative remedy under the provisions of Criminal Procedure Code, this Court is not inclined to entertain this writ petition under Article 226 of the Constitution of India.

4.Accordingly, this writ petition is dismissed. No costs. 26.06.2024 NCC : Yes / No.

Index : Yes / No.

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To 1.The Deputy Inspector General of Police, No.4, St.Thomas Road, Maharajanagar, Tirunelveli 627011.

2.The Commissioner of Police, Office of the Commissioner, Palayamkottai, Tirunelveli 627002.

3.The Revenue Divisional Officer, Revenue Divisional Office, Kokkirakulam, Palayamkottai, Tirunelveli.

4.The Inspector of Police,, Palayamkottai Police Station, Tirunelveli 627002.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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B.PUGALENDHI, J.

vrn Order made in 26.06.2024 5/5